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User Agreement
You (the "User" or "You") must agree to this Agreement in order to participate in the Employment Law Match System (ELMS) as provided by elinfonet.net, LLC ("ELIN") .I. Relationship Between Parties
ELIN is an Internet portal designed to provide up-to-date legal information to its site visitors. Over the course of operating for many years, ELIN has determined that numerous site visitors are in need of, and are searching for, attorneys that can represent them in employment related matters. Accordingly, ELIN has created ELMS as a venue to connect Users seeking legal representation with attorneys ("Attorneys"). ELIN does not:
(i) guarantee that Users will successfully find legal representation through ELMS,
(ii) take a position on when or if an attorney-client relationship has been formed,
(iii) offer opinion when or if an attorney-client relationship has been formed.
ELIN only provides a mechanism through which Users and Attorneys may connect with one another. ELIN does not involve itself in any agreements reached between a User and Attorney. ELIN does not ensure the competence or integrity of any User or Attorney. ELIN does not ensure the completion of any agreement reached between a User and Attorney.
Users are solely responsible for assessing the integrity, honesty, and trustworthiness of an Attorney contacted by or through the ELMS.
II. Attorney-Client Relationship Disclaimer; No Endorsement or Legal Advice Provided; No Attorney-Client Relationship Created; Not a Lawyer Referral Service
ELIN IS NOT A LAW FIRM. ELIN DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON OR THROUGH ELMS OR ELIN'S WEB SITE (INCLUDING THOSE CONTAINED IN THE DISCUSSION FORUM, LINKED WEB SITES, ARTICLES OR OTHER MATERIALS). THE INFORMATION PROVIDED, PRESENTED OR MADE AVAILABLE IS FOR GENERAL INFORMATION PURPOSES AND INTENDED SOLELY AS INFORMAL GUIDANCE; IT IS NOT A DETERMINATION OF YOUR LEGAL RIGHTS, NOR YOUR RESPONSIBILITIES UNDER THE LAW. THE INFORMATION SHOULD NOT BE RELIED UPON FOR LEGAL ADVICE. NONE OF THE INFORMATION CONTAINED ON THIS WEBSITE IS, OR SHOULD BE CONSTRUED, AS LEGAL ADVICE AND ELIN IS NOT ENGAGED IN THE PRACTICE OF LAW. NOTHING CONTAINED IN, TRANSMITTED THROUGH, OR RECEIVED FROM ELMS OR ELIN'S WEB SITE SHALL CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
ELIN DOES NOT INTEND TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN ITSELF AND ANY PERSON OR ENTITY USING ELMS AND SPECIFICALLY DISCLAIMS THE EXISTENCE OF ANY SUCH ATTORNEY-CLIENT RELATIONSHIP. ELMS ALLOWS FOR CERTAIN LIMITED INFORMATION TO FLOW TO AND FROM USERS, BUT SOLELY TO FACILITATE EFFECTIVE OPERATION OF ELMS AND NOT FOR THE PURPOSE OF CREATING AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN A USER AND ELIN, AND ELIN EXPRESSLY DENIES THAT SUCH A RELATIONSHIP EXISTS AS A RESULT OF SUCH COMMUNICATIONS.
ELIN IS NOT, NOR DOES IT OPERATE, A LAWYER REFERRAL SERVICE. ELIN IS NOT RESPONSIBLE FOR ANY ADVICE (WHETHER LEGAL OR NOT) THAT YOU MAY RECEIVE FROM ANYONE (WHETHER AN ATTORNEY OR NOT) CONTACTED AS A RESULT OF USING ELMS OR VISITING ELIN'S WEB SITE. ELIN IS NOT RESPONSIBLE FOR ANY ATTORNEY'S QUALIFICATIONS, COMPETENCE, DILIGENCE, OR THE RESULTS OF ANY ADVICE GIVEN OR REPRESENTATION MADE BY AN ATTORNEY (OR ANYONE PURPORTING TO BE AN ATTORNEY).
III. Endorsement and Qualifications Disclaimers.
Users
ELIN does not screen or endorse Users. ELMS is designed only to allow a User to connect with legal service providers.
Attorneys
ELMS is solely a vehicle for a User seeking representation to select from Attorneys interested in representing the User. ELIN does not endorse any Attorney or make any representation regarding an Attorney's qualifications. ELIN makes no representation, guarantee, or warranty (express or implied) as to the ability, competence, or quality of an Attorney's representation.
ELIN requires that every Attorney represent and acknowledge that he or she is licensed to practice law and is a member in good standing of at least one State Bar at the time of registration. ELIN does not check whether an Attorney is licensed or a member in good standing at the time the Attorney responds to a User's request.
Users are solely responsible for verifying an attorney's standing to lawfully practice law in the location in which the User is seeking representation. In addition, Users are required to make their own determination regarding an Attorney's qualifications prior to considering or engaging an Attorney. Users should not rely exclusively on the Attorney's ELMS directory listing, another directory listing or attorney advertising when making a selection decision; rather, a User must make an independent assessment as to the Attorney's competence to handle the matter in question.
Users are solely responsible for verifying any claims made by an Attorney, whether made through ELMS or not, regarding the Attorney's qualifications to handle the matter in question.
ELIN cannot and does not monitor an Attorney's compliance with any and all applicable codes of professional responsibility.
IV. Submissions and Attorney Selection.
ELIN does not review inquires submitted by Users to determine the validity of any issue raised. Likewise, ELIN does not guide or direct any submission to any particular Attorney. Rather, ELMS automatically contacts all Attorneys in the jurisdiction in question when the submission is activated.
ELIN does review submissions for the purpose of eliminating SPAM from the system and to ensure compliance with ELIN's terms of service. It does so by ensuring that all necessary information has been provided and, to the extent possilbe, that the User submission forms have been genuinely submitted by a person seeking representation from an Attorney in a workplace law related matter. ELIN does not contact Users when submissions are deleted from ELMS. The system is not designed, nor intended for Users to obtain free legal advice or ask generic questions about the law. ELIN considers such inquires to be SPAM, regardless of whether the User may have an valid claim that underlies the submission. Again, the purpose of ELMS is not to provide legal advice, but faciliate contact between Users and Attorneys.
Attorneys may communicate with Users through ELMS by submitting up to a 350 character response, but ELIN does not review, endorse or make any representation regarding any such Attorney submitted response. Such responses are optional and submitted at the Attorney's sole discretion. ELIN does not endorse the statements or promises made by Attorneys made through ELMS.
V. User Terms Of Service
Users are required follow all terms of service regarding ELMS that are posted on ELIN. Notwithstanding the foregoing, ELIN reserves the right, in its sole discretion, to ban anyone from use or continued use of ELMS for any reason.
VI. Disclaimer of Information Obtained on the Service
ELIN provides Users and Attorneys with a discussion forum ("Discussion Forum") module. Users and Attorneys are required to follow the Discussion Forum guidelines when posting. ELIN does not review any posting before it is published to the Discussion Forum. ELIN does not verify the accuracy or warrant the validity of any Discussion Forum posting. The Discussion Forum is separate and distinct from the
ELMS, except that some statistics regarding an Attorney's own Discussion Forum postings are provided to on ELMS.
ELIN is not responsible for the content or materials posted on the Discussion Forum and the content or materials posted do not express the opinions or views of ELIN, but are solely those of the individual Users and Attorneys who decide to post.
VIII. Confidentiality and Conflict of Interest
ELIN respects the confidentiality of User information submitted through ELMS and makes every effort to maintain the confidentiality of any submitted information. Some User submitted information is forwarded directly to Attorneys. ELIN has deemed this necessary for the effective operation of ELMS. Consequently, ELIN cannot guarantee that this information will remain confidential. ELIN has taken steps to ensure that no personally identifiable information is shared through ELMS, but Users must use common sense and good judgment when deciding what information to submit through ELMS.
In particularly, but not as a means to exclude other examples, Users must not:
i. make any confessions or admissions;
ii. provide information that would reasonably lead to disclosing a person or entities name or address;
iii. provide proprietary information;
iv. use personal, sensitive or incriminating information.
By using ELMS, User agrees that Attorneys contacted through ELMS may review the information transmitted. You recognize that the review of this information, even if it is highly confidential and even if it is transmitted in a good faith effort to retain a lawyer, does not preclude the Attorney or law firm from representing another client directly adverse to you, even in a matter where that information could and will be used against you.
ELIN is not responsible for the release or improper use of such information by other Users or Attorneys or any release due to error or failure in the System.
VII. Indemnification
User agrees that ELIN is not responsible for any harm that ELMS may cause. User hereby agrees to indemnify, defend and hold ELIN, and all officers, directors, employees, subsidiaries, affiliates, successors and assigns, agents, partners, licensors, content and service providers (collectively, the "ELIN Group") harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys' fees) incurred in connection with any loss, liability, claim, demand, damage, and expenses arising out of User's use of the ELMS, regardless of the type of claim or the nature of the cause of action. ELIN reserves the right to assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event and shall not settle any matter without the written consent of ELIN.
VIII. Communications and Other Data; Attorney Directory Email Links and Submission Form
ELIN is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
ELIN does not provide email addresses of Attorneys or its email submission forms as a means for a User to obtain legal advice about a particular matter or for Users to submit information about an employment dispute. User shall not use email links or email submission forms to submit confidential information to an Attorney. By sending email by or through a link or submission form, User agrees that the Attorney contacted may review the information transmited. User recognizes that the review of any such submitted information, even if it is highly confidential and even if it is transmitted in a good faith effort to retain a lawyer, does not preclude the Attorney or his or her law firm from representing another client directly adverse to User, even in a matter where that information could and will be used against User.
IX. ELIN's Proprietary Rights
ELIN owns the ELMS, including its 'look and feel' and the collective work copyright in the sequence of inquiries posted as well as Discussion Forum topics. The User acknowledges and agrees this content, in whatever form, is protected by copyright, trademark, service mark or other proprietary right and law. Users cannot reproduce any inquiries or posts from ELMS without ELIN's permission and that of the authors. Users may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from ELIN.
X. ELIN's Other Rights
ELIN also reserves the following rights:
i. to release current or past User information, pursuant to the terms of its then existing Privacy Policy, when ELIN believes, in its sole discretion, that it is necessary or appropriate. Such situation may exist, but is not limited to, when a User violates any terms of service or website guidelines, or uses the ELMS to submit SPAM or commit unlawful acts.
ii. to deny ELMS to any User for any or no reason.
iii. to modify ELIN's website or ELMS at any time and for any reason.
iv. to modify this Agreement at any time by posting revised terms on ELIN's web site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which are provided by posting on the Web Site, via email or any other reasonable means. Continued use of ELMS by User shall be deemed to indicate your acceptance to be bound by any such amendments, modifications, additions or deletions.
v. to modify or discontinue, temporarily or permanently, ELMS with or without notice to the User. The User agrees that ELIN shall not be liable to the User or any third party for any modification or discontinuance of ELMS. The User acknowledges and agrees that any termination of ELMS under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that ELMS may immediately delete data and files in the User's account and bar any further access to such files or ELMS.
XI. Disclaimer of Warranties and Limitation of Liability
Users must accept responsibility for their conduct while using ELMS. Users further accept that any harm they may suffer as a result of another User's or Attorney's conduct is not attributable to ELIN. In that instance, a User must seek redress against the offending User or Attorney.
ELIN's goal is to provide a simple, free, working system by which Users may learn about and contact Attorneys. No system, including ELMS, can be operated 100% error-free and mistakes may result from time to time. ELIN would not be able to offer ELMS if it were obligated to ensure a mistake-free system and ELIN denies any warranties on ELMS and expressly limits its liability for any problems connected with use of ELMS.
According ELIN makes the following disclaimers:
Disclaimer of Warranties
ELMS and content provided on ELIN's web site may be outdated, incomplete, inaccurate, contain typographical errors, or otherwise in error; such faults may be the result of human or mechanical error or failure. Such content includes, but is not limited to, all information, documents, graphics and images contained on this Web Site.
ELIN is not obligated and makes no commitment or promises to modify, update or correct what is contained in or through this Web Site. Furthermore, ELIN reserves the right to temporarily or permanently modify, alter, discontinue or delete any information contained on the Web Site without prior notice.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION FOUND ON OR THROUGH ELMS or ELIN's WEB SITE TO A PARTICULAR SITUATION. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. ELIN DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, OR INACCURACY OF LAW OR FACT IN THE INFORMATION OR DOCUMENTS PRESENTED, PREPARED OR CONTAINED ON THIS WEB SITE. ELMS and ELIN's WEB SITE AND INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH ELMS or ELIN's WEB SITE. THE INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.
ELIN DOES NOT WARRANT THAT USE OF ELMS OR ITS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM ELMS OR ELIN's WEB SITE IS FREE OF VIRUSES, WORMS OR TROJAN HORSES. THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ELIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE, REGARDLESS OF THE REASON FOR OR CAUSE OF ANY ERROR OR OMISSION. IT IS POSSIBLE THAT THE ORIGINAL FORM OF THE INFORMATION OR DOCUMENTS MADE AVAILABLE DIFFERS FROM THAT PRESENTED ON THIS OR ANY LINKED WEB SITE BECAUSE OF ALTERATION, MECHANICAL FAILURE, ERROR IN TRANSMISSION, FAILURE IN REPRODUCTION, OR FOR OTHER REASONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM LEGALMATCH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
The law firms and Attorneys included or described on ELMS and ELIN's Web Site are not associated with ELIN. Some law firms are designated as "Affiliates", but merely provide certain specified content that appears on ELIN's Web Site. ELIN does not certify or endorse any law firms or Attorneys on ELMS or ELIN, including those firms designated as "Affiliates". ELIN does not represent or endorse the accuracy or reliability of any information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the law firms or Attorneys listed on ELIN's web site, nor the quality of any service, information or other materials displayed, purchased, or obtained by a User as a result of an advertisement or any other information or offer in or in connection with ELMS or ELIN's Web Site or that of a law firm or Attorney listed on ELIN's Web Site.
User hereby acknowledges that any reliance upon any information, content or advertisements on ELMS or ELIN's web site or that of any law firm or Attorney shall be at User's sole risk. ELIN reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of ELMS or ELIN's website.
ELIN makes no representation that materials on ELMS or ELIN's web site are appropriate, lawful or available for use in all geographic locations, including those outside the United States, and accessing them from jurisdictions where ELMS or ELIN's web site contents are unlawful, unethical or illegal is prohibited. Users and Attorneys who choose to access ELMS and ELIN's Web Site from other locations do so on their own initiative and are responsible for compliance with all applicable laws and regulations.
Limitation of Liability
YOUR USE OF ELMS and ELIN's WEB SITE IS ENTIRELY AT YOUR SOLE RISK.
ELIN, ITS OFFICERS, EMPLOYEES, ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM OR OTHERWISE, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE FOR ANY USE OF, OR THE INABILITY TO USE, ELMS AND ELIN's WEB SITE, OR ANY OTHER LINKED WEB SITE, EVEN IF ELIN OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES, PARTNERS OR SUPPLIERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM A USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO ELMS OR ELIN'S WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ELMS or ELIN's WEB SITE.
USER FURTHER AGREES THAT ELIN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF ELMS OR ELIN'S WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
USER SPECIFICALLY ACKNOWLEDGES AND AGREE THAT ELIN, ITS OFFICERS, EMPLOYEES, ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF ELMS or ELN's WEB SITE.
IF YOUR USE OF MATERIALS FROM ELIN's SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELIN AND YOU. THE INFORMATION AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF ELMS or ELIN'S WEB SITE, SERVICE OR INFORMATION PROVIDED, OR WITH ANY OF ELIN'S GUIDELINES OR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ELMS AND ELIN'S WEB SITE.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ELIN, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
XII. Arbitration
Any controversy or claim arising out of or relating to this Agreement or ELMS shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Luzerne or Lackawanna County, Pennsylvania, and judgment on the arbitration award may be entered by any court having jurisdiction thereof.
Either the User or ELIN may seek any interim or preliminary relief from a court of competent jurisdiction in Luzerne or Lackawanna County, Pennsylvania, necessary to protect the rights or property of the User or ELIN pending the completion of arbitration. This arbitration clause does not prohibit either ELIN or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within Luzerne or Lackawanna County, Pennsylvania.
XIII. General
This Agreement, incorporates by reference our Privacy Policy, Terms of Use and any notice by ELIN contained in any of ELIN's web site pages and constitutes the entire understanding between the User and ELIN regarding the User's relationship to our Service.
Users can reach ELMS and the ELIN web site from any location around the world, each of which with its own set of law, rule and regulations. This Agreement, however, is governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions.
If ELIN fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that ELIN has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ELMS or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.